#THE DOWRY PROHIBITION ACT, 1961 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 
1. Short title, extent and commencement. 
2. Definition of “dowry”. 
3. Penalty for giving or taking dowry. 
4. Penalty for demanding dowry. 
4A. Ban on advertisement. 
5. Agreement for giving or taking dowry to be void. 
6. Dowry to be for the benefit of the wife or her heirs. 
7. Cognizance of offences. 
8. Offences to be cognizable for certain purposes and to be bailable and non-compoundable. 
8B. Dowry Prohibition Officers. 
9. Power to make rules. 
10. Power of the State Government to make rules. 



#THE DOWRY PROHIBITION ACT, 1961 

##ACT NO. 28 OF 1961 

[20th May, 1961.] 

An Act to prohibit the giving or taking of dowry. 

  BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:— 

1. **Short title, extent and commencement.**—(1) This Act may be called the Dowry Prohibition 
Act, 1961. 

(2) It extends to the whole of India [^1]. 

(3) It  shall  come  into  force  on  such  date as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint. 

2. **Definition of “dowry”.**—In this Act,  “dowry” means  any property or valuable security given or 
agreed to be given either directly or indirectly— 

  (a) by one party to a marriage to the other party to the marriage; or 

  (b) by  the  parents  of  either  party  to  a  marriage  or  by  any  other  person,  to  either  party  to  the 
marriage or to any other person; 

at or before [^3][or  any  time  after  the  marriage] [^4][in connection with the marriage of the said parties, but 
does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) 
applies. 

[^5] * * * * *

*Explanation* II.—The  expression  “valuable  security”  has  the  same  meaning  as  in  section  30  of  the 
Indian Penal Code (45 of 1860). 

3. **Penalty for giving or taking dowry.**—[^6][(1)] If any person, after the commencement of this Act, 
gives or takes or abets the giving or taking of dowry, he shall be punishable [^7][with imprisonment for a 
term which shall not be less than 8[five years, and with fine which shall not be less than fifteen thousand 
rupees or the amount of the value of such dowry, whichever is more]: 

  Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose 
a sentence of imprisonment for a term of less than [^9][five years].] 

[^10][(2) Nothing in sub-section (1) shall apply to, or in relation to,— 

  (a) presents which are given at the time of a marriage to the bride (without any demand having 
been made in that behalf): 

  Provided  that  such  presents  are  entered  in  a  list  maintained  in  accordance  with  the  rules  made 
under this Act; 

  (b) presents  which  are  given  at  the  time  of  a  marriage  to  the  bridegroom  (without  any  demand 
having been made in that behalf): 



[^1]. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule 
     (w.e.f. 31-10- 2019). 
[^2]. 1st July, 1961, vide notification No. S.O. 1410, dated 20th June, 1961, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 
[^3]. Subs. by Act 43 of 1986, s. 2, for “or after the marriage” (w.e.f. 19-11-1986). 
[^4]. Subs. by Act 63 of 1984, s. 2, for certain words (w.e.f. 2-10-1985). 
[^5]. The Explanation I omitted by s. 2, ibid. (w.e.f. 2-10-1985). 
[^6]. Section 3 renumbered as sub-section (1) of that section by s. 3, ibid. (w.e.f. 2-10-1985). 
[^7]. Subs. by s. 3, ibid., for certain words (w.e.f. 2-10-1985). 
[^8]. Subs. by Act 43 of 1986, s. 3, for certain words (w.e.f. 19-11-1986). 
[^9]. Subs. by s. 3, ibid., for “six months” (w.e.f. 19-11-1986). 
[^10]. Ins. by Act 63 of 1984, s. 3 (w.e.f. 2-10-1985). 



  Provided  that  such  presents  are  entered  in  a  list  maintained  in  accordance  with  the  rules  made 
under this Act: 

  Provided  further  that  where  such  presents  are  made  by  or  on  behalf  of  the  bride  or  any  person 
related  to  the  bride,  such  presents  are  of  a  customary  nature  and  the  value  thereof  is  not  excessive 
having regard to the financial status of the person by whom, or on whose behalf, such presents  are 
given.] 

[^1][4. **Penalty for demanding dowry.**—If any person demands, directly or indirectly, from the parents 
or  other  relatives  or  guardian  of  a  bride  or  bridegroom,  as  the  case  may  be,  any  dowry,  he  shall  be 
punishable with imprisonment for a term which shall not be less than six months, but which may extend 
to two years and with fine which may extend to ten thousand rupees: 

  Provided  that  the  Court  may,  for  adequate  and  special  reasons  to  be  mentioned  in  the  judgment, 
impose a sentence of imprisonment for a term of less than six months.] 

[^2][4A. **Ban on advertisement.**—If any person— 

  (a) offers, through any advertisement in any newspaper, periodical, journal or through any other 
media, any share in his property or of any money or both as a share in any business or other interest 
as consideration for the marriage of his son or daughter or any other relative, 

  (b) prints or publishes or circulates any advertisement referred to in clause (a), 

he shall be punishable with imprisonment for a term which shall not be less than six months, but which 
may extend to five years, or with fine which may extend to fifteen thousand rupees: 

  Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose 
a sentence of imprisonment for a term of less than six months.] 

5. **Agreement for giving or taking dowry to be void.**—Any agreement for the giving or taking of 
dowry shall be void. 

6. **Dowry to be for the benefit of the wife or her heirs.**—(1) Where any dowry is received by any 
person other than the woman in connection with whose marriage it is given, that person shall transfer it to 
the woman— 

  (a) if  the  dowry  was  received  before  marriage, within [^3][three months] after  the  date  of 
marriage; or 

  (b) if the dowry was received at the time of or after the marriage, within [^3][three months] after the 
date of its receipt; or 

  (c) if the dowry was received when the woman was a minor, within [^3][three months] after she has 
attained the age of eighteen years; 

and pending such transfer, shall hold it in trust for the benefit of the woman. 

[^4][(2) If any person fails to transfer any property as required by sub-section (1) within the time limit 
specified  therefor [^5][or  as  required  by  sub-section  (3),]  he  shall  be  punishable  with  imprisonment  for  a 
term  which  shall  not  be  less  than  six  months,  but  which  may  extend  to  two  years  or  with  fine [^6][which 
shall not be less than five thousand rupees, but which may extend to ten thousand rupees] or with both.] 

(3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs 
of the woman shall be entitled to claim it from the person holding it for the time being: 

[^7][Provided  that  where  such  woman  dies  within  seven  years  of  her  marriage,  otherwise  than  due  to 
natural causes, such property shall,— 

  (a) if she has no children, be transferred to her parents, or 



[^1]. Subs. by Act 63 of 1984, s. 4, for section 4 (w.e.f. 2-10-1985). 
[^2]. Ins. by Act 43 of 1986, s. 4 (w.e.f. 19-11-1986). 
[^3]. Subs. by Act 63 of 1984, s. 5, for “one year” (w.e.f. 2-10-1985). 
[^4]. Subs. by s. 5, ibid., for sub-section (2) (w.e.f. 2-10-1985). 
[^5]. Ins. by Act 43 of 1986, s. 5 (w.e.f. 19-11-1986). 
[^6]. Subs. by s. 5, ibid., for “which may extend to ten thousand rupees” (w.e.f. 19-11-1986). 
[^7]. The proviso inserted by s. 5, ibid. (w.e.f. 19-11-1986). 



  (b) if she has children, be transferred to such children and pending such transfer, be held in trust 
for such children.] 

[^1][(3A) Where a person convicted under sub-section (2) for failure to transfer any property as required 
by sub-section (1) [^2][or sub-section (3)] has not, before his conviction under that sub-section, transferred 
such property to the woman entitled thereto or, as the case may be, [^3][her heirs, parents or children] the 
Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that 
such  person  shall  transfer  the  property  to  such  woman  or, as the case may be, [^3][her  heirs,  parents  or 
children]  within  such  period  as  may  be  specified  in  the  order,  and  if  such  person  fails  to  comply  with 
the  direction  within  the  period  so  specified,  an  amount  equal  to  the  value  of  the  property  may  be 
recovered from him as if it  were a fine imposed by such Court and paid to such woman or, as the case 
may be, [^3][her heirs, parents or children].] 

(4) Nothing contained in this section shall affect the provisions of section 3 or section 4. 

[^4][7. **Cognizance of offences.**—(1)  Notwithstanding  anything  contained  in  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974),— 

  (a) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class 
shall try any offence under this Act; 

  (b) no court shall take cognizance of an offence under this Act except upon— 

     (i) its own knowledge or a police report of the facts which constitute such offence, or 

     (ii) a complaint by the person aggrieved by the offence or a parent or other relative of such 
person, or by any recognised welfare institution or organisation; 

  (c) it  shall  be  lawful  for  a Metropolitan  Magistrate  or  a  Judicial  Magistrate  of  the  first  class  to 
pass any sentence authorised by this Act on any person convicted of an offence under this Act. 

*Explanation.*—For the purposes of this sub-section, “recognised welfare institution or organisation” 
means  a  social  welfare  institution  or  organisation  recognised  in  this  behalf  by  the  Central  or  State 
Government. 

(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to 
any offence punishable under this Act.] 

[^5][(3) Notwithstanding anything contained in any law for the time being in force a statement made by 
the person aggrieved by the offence shall not subject such person to a prosecution under this Act.] 

[^6][8. **Offences to  be  cognizable for  certain  purposes  and to be bailable and 
non-compoundable.**—(1)  The  Code  of  Criminal  Procedure,  1973  (2  of  1974)  shall  apply  to  offences 
under this Act as if they were cognizable offences— 

  (a) for the purposes of investigation of such offences; and 

  (b) for the purposes of matters other than— 

     (i) matters referred to in section 42 of that Code; and 

     (ii) the arrest of a person without a warrant or without an order of a Magistrate. 

(2) Every offence under this Act shall be [^7][non-bailable] and non-compoundable.] 

[^8][8A. **Burden of proof in certain cases.**—Where any person is prosecuted for taking or abetting the 
taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving 
that he had not committed an offence under those sections shall be on him.] 



[^1]. Ins. by Act 63 of 1984, s. 5 (w.e.f. 2-10-1985). 
[^2]. Ins. by Act 43 of 1986, s. 5 (w.e.f. 19-11-1986). 
[^3]. Subs. by s. 5, ibid., for “her heirs” (w.e.f. 19-11-1986). 
[^4]. Subs. by Act 63 of 1984, s. 6, for section 7 (w.e.f. 2-10-1985). 
[^5]. Ins. by Act 43 of 1986, s. 6 (w.e.f. 19-11-1986). 
[^6]. Subs. by Act 63 of 1984, s. 7, for section 8 (w.e.f. 2-10-1985). 
[^7]. Subs. by Act 43 of 1986, s. 7, for “bailable” (w.e.f. 19-11-1986). 
[^8]. Ins. by s. 8, ibid. (w.e.f. 19-11-1986). 



8B. **Dowry Prohibition Officers.**—(1)  The  State  Government  may  appoint  as  many  Dowry 
Prohibition  Officers  as  it  thinks  fit  and  specify  the  areas  in  respect  of  which  they  shall  exercise  their 
jurisdiction and powers under this Act. 

(2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, 
namely:— 

  (a) to see that the provisions of this Act are complied with; 

  (b) to prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry; 

  (c) to  collect  such  evidence  as  may  be  necessary  for  the  prosecution  of  persons  committing 
offences under the Act; and 

  (d) to perform such additional functions as may be assigned to him by the State Government, or 
as may be specified in the rules made under this Act. 

(3) The State Government may, by notification in the Official Gazette, confer such powers of a police 
officer as may be specified in the notification on the Dowry Prohibition Officer who shall exercise such 
powers subject to such limitations and conditions as may be specified by rules made under this Act. 

(4) The State Government may, for the purpose of advising and assisting Dowry Prohibition Officers 
in the efficient performance of their functions under this Act, appoint an advisory board consisting of not 
more than five social welfare workers (out of whom at least two shall be women) from the area in respect 
of which such Dowry Prohibition Officer exercises jurisdiction under sub-section (1).] 

9. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules for carrying out the purposes of this Act. 

[^1][(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 
provide for— 

  (a) the form and manner in which, and the persons by whom, any list of presents referred to in 
sub-section (2) of section 3 shall be maintained and all other matters connected therewith; and 

  (b) the better co-ordination of policy and action with respect to the administration of this Act.] 

[^2][(3)] Every rule made under this section shall be laid as soon as may be after it is made before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session or [^3][in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid], both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be, so however that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

[^4][10. **Power of the State Government to make rules.**—(1)  The  State  Government  may,  by 
notification in the Official Gazette, make rules for carrying out the purposes of this Act. 

(2) In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 
provide for all or any of the following matters, namely:— 

  (a) the  additional  functions  to  be  performed  by  the  Dowry  Prohibition  Officers  under 
sub-section (2) of section 8B; 

  (b) limitations  and  conditions  subject  to  which  a  Dowry  Prohibition  Officer  may  exercise  his 
functions under sub-section (3) of section 8B. 

(3) Every rule made by the State Government under this section shall be laid as soon as may be after 
it is made before the State Legislature.] 



[^1]. Ins. by Act 63 of 1984, s. 8 (w.e.f. 2-10-1985). 
[^2]. Sub-section (2) renumbered as sub-section (3) thereof by s. 8, ibid. (w.e.f. 2-10-1985). 
[^3]. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). 
[^4]. Subs. by Act 43 of 1986, s. 9, for section 10 (w.e.f. 19-11-1986).